Friends of Turramurra Inc v Minister for Planning

[2010] NSWLEC 174

Land and Environment Court

of New South Wales

CITATION:	Friends of Turramurra Inc v Minister for Planning [2010] NSWLEC 174
PARTIES:	APPLICANT: Friends of Turramurra Inc RESPONDENT: Minister for Planning
FILE NUMBER(S):	40672 of 2010
CORAM:	Biscoe J
KEY ISSUES:	PRACTICE AND PROCEDURE :- expedition of proceedings
LEGISLATION CITED:	Environmental Planning and Assessment Act 1979, ss 35, 69 Ku-ring-gai Local Environmental Plan (Town Centres) 2010
CASES CITED:	Ku-ring-gai Council v Minister for Planning [2008] NSWLEC 174
DATES OF HEARING:	17 September 2010
EX TEMPORE JUDGMENT DATE:	17 September 2010
LEGAL REPRESENTATIVES:	APPLICANT: Ms K Ruddock SOLICITORS: Environmental Defender's Office RESPONDENT: Mr J Hutton, barrister SOLICITORS: Department of Planning

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

BISCOE J

17 September 2010

40672 of 2010

FRIENDS OF TURRAMURRA INC v MINISTER FOR PLANNING

EX TEMPORE JUDGMENT

1 HIS HONOUR: The respondent, the Minister for Planning, seeks, by consent, an order that the proceedings be expedited.

2 On 14 December 2007 the respondent Minister made the Environmental Planning and Assessment (Ku-ring-gai Planning Panel) Order 2007 (2007 Order) appointing the Ku-ring-gai planning panel (Panel) to exercise certain functions of Ku-ring-gai Council (Council). In January 2008 the Council launched a challenge to the validity of the 2007 Order in Class 4 proceedings: Ku-ring-gai Council v Minister for Planning [2008] NSWLEC 174. Those proceedings were expedited.

3 On 3 March 2008 the Minister repealed the 2007 Order and made the Environmental Planning and Assessment (Ku-ring-gai Planning Panel) Order 2008. Consequently, the Council amended its class 4 application so as to challenge the 2008 Order. I dismissed the council’s challenge to the 2008 Order on 21 May 2008.

4 Both the 2007 and 2008 Orders stated that one of the functions of the panel was to exercise council’s functions in relation to making an environmental planning instrument for the control of development within the Ku-ring-gai town centres. On 9 December 2009 the panel submitted the Ku-ring-gai Local Environmental Plan (Town Centres) 2010 (Town Centres LEP) to the Minister accompanied by a report under s 69 of the Environmental Planning and Assessment Act 1979. A copy of the panel’s letter and the s 69 report are in evidence.

5 On 25 May 2010 the Town Centres LEP was published on the NSW Legislation website. A copy of that LEP and the Land application map are in evidence.

6 On 25 August 2010 the applicant, Friends of Turramurra Inc, commenced these proceedings challenging the validity of the Town Centres LEP. The proceedings were commenced on the last day of the appeal period pursuant to s 35 of the Environmental Planning and Assessment Act 1979.

7 The evidence indicates that the Town Centres LEP is an environmental planning instrument which:

(a) affects land use planning controls in six town centres – St Ives, Turramurra, Pymble, Gordon, Lindfield and Roseville;
(b) applies to some 3,398 individual parcels of land and approximately 6,000 lots of land. The strata title lots are taken into account within those six town centres; and
(c) has an important role in achieving dwelling targets identified in the Government’s metropolitan strategy within the Ku-ring-gai local government area.

8 There are further matters advanced in support of the expedition application but that which I have recounted is sufficient for the application to be granted.

9 By consent, the court makes an order for expedition and directions to move the matter towards the hearing in accordance with short minutes of order dated 17 September 2010, which I initial and place with the papers.